Abh Case

[sherrardk]

Girl (and her friends) witnessed another one of her friends get a kicking in school. Long story short, the case is going to court and the lad is charged with ABH. It has already been deemed to be to serious for youth court. Is there a chance she could be called as a witness? Thank you.

[sherrardk]

^ too

[bednobs]

was she interviewed?

[nailit]

If she has given a witness statement, then yes.

[nailit]

Unless he pleads guilty.

[sherrardk]

They were interviewed by school staff because of COVID, blah blah and their age and because it happened at school.

[Peter Pedant]

yes
but the real q is
what is the chance....
depends on the facts of the case

[nailit]

So no 'official' statement to police??

[sherrardk]

No official statement to the police. I suppose we’ll just have wait and see. Maybe things are different when it’s kids that are involved.

[New Judge]

Only if the lad pleads Not Guilty will there be a trial.

If so, nobody here can tell you if she will be required to give evidence. It depends on whether the prosecution intends to rely on her evidence to secure a conviction and if they do, whether the defence is prepared to accept her evidence or whether they want to cross examine her.

She will be able to give her evidence via a video link either at the court or from another venue.

[sherrardk]

Thanks NJ, just wanted to give her a head’s up.

[nailit]

NJ,
but Sherr has said that only the school took interviews.
Would that count as evidence for the cps?

Sorry Sherr, dont mean to hijack ur post, just curious.
Thought that only police statements were allowed in court?

[nailit]

Or at least Statements taken by the police...not that theres much difference!

[Peter Pedant]

I was involved with a squeeshed 11 y old and the only witnesses to the running over - I was in a following car - were his classmates after school. And the coroner dragged them into court.

The girls of course were young ladies and knew exactly what they were going to do and say ( at 11y) - Their stories were clear and -well -possibly true. Clean well dressed and controlled. And the boys were jerks

[New Judge]

If the matter has gone to court (and it clearly has) then the CPS must believe they have sufficient evidence for a reasonable prospect of a conviction.

It would be unusual (but not unheard of) for the CPS to rely on evidence unless a statement had been taken by the police. It may be that they do not need that evidence or it may be that they will ask the police to take a statement later. However, the defence is entitled to see the evidence they intend to rely on before any trial begins and can advise their client to withhold his plea until it is available.